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Adloo v. H.T. Brown Real Estate, Inc.: Lockbox Agreement Doesn't Exculpate Broker from Liability

January 1, 1997: 

A decision from the Court of Appeals of Maryland, Adloo v. H.T. Brown Real Estate, Inc., held that a lockbox agreement didn't protect a brokerage from liability for its own negligence.

The Adloos had entered into an exclusive listing agreement for the sale of their home with H.T. Brown Real Estate, Inc. (the Broker"). A clause in that agreement stated that neither the Broker, his agents or subagents "are responsible for vandalism, theft or damage of any nature whatsoever to the property."

P&M Equities, Inc., d/b/a Re/Max N.O. Properties v. Latter & Blum: Board Arbitration Award Upheld by Louisiana Court

January 1, 1997: 

A Louisiana court recently upheld an association arbitration award. Believing one of its subagents was the procuring cause of a sale, not the buyer broker who had received a commission, the listing broker requested arbitration and prevailed. The buyer broker then filed with the court a motion to vacate, modify and correct the arbitration award.

Tri-Professional Realty, Inc. v. Hillenburg: Licensee Has Duty to Buyer to Identify Correctly the Property For Sale

January 1, 1997: 

The Court of Appeals of Indiana recently decided a case concerning a real estate broker’s misrepresentation as to the parcel of property that was for sale. Betty Jones Wood, a sales associate affiliated with Tri-Professional Realty Inc., saw a For Sale sign on a subdivision lot. She called the telephone number on the sign, and reached Barbara Yeryar, who agreed to list her property with Tri-Professional, and Wood placed a Tri-Professional For Sale sign on the front lot.

Apex Realty v. Schick Realty: Court Upholds Arbitration Award Without Stated Findings of Fact and Conclusions of Law Because Such Findings/Conclusions Were Not Required by the Arbitration Agreement

January 1, 1990: 

The case Apex Realty, Inc. v. Schick Realty, Inc., heard Board and arbitrators appeal from interlocutory order of the New Jersey Superior Court (Law Division) requiring them to formulate written findings of fact and conclusions of law regarding their resolution of an issue of contract construction in favor of Apex Realty. The appellate division reversed the decision of the law division and reinstated the Board's order.

Archuleta v. Santa Fe BOR: Santa Fe Board of REALTORS® Settles Case Arising Out of Inaccurate Acreage Figure in MLS

January 1, 1990: 

In a matter filed in the District Court of Santa Fe County, New Mexico, the Plaintiff filed a claim for negligent misrepresentation arising out of an inaccurate acreage figure in a MLS book. The parties settled prior to trial.

Sussex County BOR v. Dautel: New Jersey Superior Court Upholds Board's Authority to Discipline Members for Failure to Comply With Code of Ethics' Continuing Education Requirements

June 16, 1989: 

Note: This case is not published in an official reporter and may not be cited as authority. Consult with counsel before relying on this case.

In 1989 the Superior Court of New Jersey addressed whether a Board could suspend a member for failure to comply with bylaws requiring attendance at a continuing education program based on the NATIONAL ASSOCIATION OF REALTORS® (NAR) Code of Ethics. The court granted summary judgment to the Board.

Downriver BOR v. Harris: Michigan Court Grants Board Declaratory Judgment

May 10, 1989: 

Note: This case is not published in an official reporter and may not be cited as authority. Consult with counsel before relying on this case.

In 1989, the Michigan Court of Appeals addressed whether declaratory relief was available to a Board seeking to enforce a membership suspension under its Code of Ethics. The court of appeals held that a lower court may decide cases of actual controversy within its jurisdiction prior to injuries or losses actually occurring. The court of appeals also granted the Board summary judgment on Harris' due process claim.

Daley v. Koch: Pre-ADA Case Applies Rehabilitation Act of 1973 to Determine Whether Employee Is Handicapped.

January 1, 1989: 

In Daley v. Koch, the Second Circuit granted the defendant summary judgment as it found that the plaintiff, who showed "poor judgment, irresponsible behavior and poor impulse control," was neither handicapped nor perceived as handicapped under the Rehabilitation Act of 1973.

Pope v. Mississippi REC: Fifth Circuit Reviews REALTOR® Trademark Protection and Whether Required Membership Is an Unreasonable Entry Barrier to MLS

January 1, 1989: 

In Pope v. Mississippi Real Estate Commission, the Fifth Circuit applied the Rule of Reason Test to determine that membership fees based on the number of agents within a real estate agency did not establish an unreasonable entry barrier to the MLS operated by the Board of REALTORS®.

Re Arbitration of Cent. 21 Jack Associates v. Realty World: Vermont Supreme Court Reviews Board's Arbitration Appeal Procedure

January 1, 1989: 

Note: This case is not published in an official reporter and may not be cited as authority. Consult with counsel before relying on this case.

The Supreme Court of Vermont addressed the validity of a Board arbitration award. The court upheld the award, as it found that the Board's handling of the appeal and affirmation of the award did not violate due process.

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